A bad week for Samsung: a concession on the European front and more American sanctions

Samsung is offering to stop its European patent suits according to a statement by the European Commission. The concession is designed to end an ongoing EU antitrust probe which could have resulted in a fine of $18.3 billion. Specifically, Samsung promises a five year moratorium on seeking injunctions over its smart phone standard-essential patents as long as its rivals agree to a particular licensing scheme. The Commission revealed Samsung’s offer as it seeks a public review of Samsung’s proposal. The Commission initially launched an investigation into Samsung after Apple claimed it had been willing to license Samsung’s patents on fair terms, but Samsung refused. Meanwhile in the US, Federal District Judge Lucy H. Koh has upheld a sanction by Magistrate Judge Paul S. Grewal requiring Samsung to produce information regarding its improper disclosure of Apple’s patent licensing agreements with Nokia and Ericsson during the earlier Apple v. Samsung litigation before Judge Koh. A second hearing on the breach of confidentiality will be held on October 22.